S.B.
26
UTAH E-COMMERCE INTEGRITY ACT
Senate Floor
Amendments
Amendment 1 February 11, 2010 12:02 PM
Senator Stephen H. Urquhart proposes the following amendments:
1. Page 1, Lines 14 through 27 :
14 This bill:
15 . defines terms;
16 . prohibits a person from facilitating certain types of fraud and injury through use of
17 electronic communications;
18 . allows for the removal of domain names and online content by an Internet registrar
19 or Internet service provider under certain circumstances;
20 . prohibits contrary laws enacted by a political subdivision of the state;
21 . forbids the use of various types of software, commonly called spyware, if used for
22 certain purposes;
23 . provides exceptions from spyware provisions for various types of communications
24 and interactions, including authorized diagnostics;
25
{
. provides penalties, both criminal and civil, for violations of the bill's provisions;
}
26 . prohibits the registration of domain names under certain circumstances, commonly
27 referred to as cybersquatting;
2. Page 10, Lines 289 through 303 :
289 13-40-401. Phishing and pharming violations.
290 (1)
{
A person who violates Part 2, Phishing and Pharming, is guilty of a third degree
291 felony.
292 (2) } A civil action against a person who violates any provision of Part 2, Phishing and
293 Pharming, may be filed by:
294 (a) an Internet service provider that is adversely affected by the violation;
295 (b) an owner of a webpage, computer server, or a trademark that is used without
296 authorization in the violation; or
297 (c) the attorney general.
298
{
(3)
}
(2)
A person permitted to bring a civil action under Subsection (2) may obtain either
299 actual damages for a violation of this chapter or a civil penalty not to exceed $150,000 per
300 violation of Part 2, Phishing and Pharming.
301
{
(4)
}
(3)
A violation of Part 2, Phishing and Pharming, by a state-chartered or licensed
302 financial institution is enforceable exclusively by the financial institution's primary state
303 regulator.
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